자동차소유권이전등록절차인수
1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.
2. The defendant shall set forth in the separate sheet from the plaintiffs.
1. Facts of recognition;
A. On April 27, 2006, the Plaintiffs completed the transfer registration of ownership on the instant motor vehicle, and operated the instant motor vehicle, and transferred the said motor vehicle as security by borrowing money from the deceased person on or around December 2009, and issued documents necessary for the transfer of ownership.
B. On February 26, 2010, the Defendant acquired the instant automobile from a person with no personal knowledge and concluded an automobile insurance contract with Samsung Fire Marine Insurance Co., Ltd.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, together with evidence Nos. 1 and 1 and 2, fact-finding to the office of registration of Cheongju-si in this Court, the purport of the whole pleadings
2. The Plaintiffs, as the Defendant acquired the instant motor vehicle on February 26, 2010 and sought confirmation as to the claim to verify the obligation to pay motor vehicle tax and fines for negligence, the part incurred until February 25, 2010 among the automobile tax and various fines for negligence, are the Plaintiffs, and the part that occurred after the fact that the Defendant bears the burden.
On the other hand, in a lawsuit for confirmation, there is a dispute between the parties regarding the legal relationship subject to confirmation, and accordingly, it is recognized that the judgment of confirmation is the most effective and appropriate means in removing the plaintiff's legal status unstable and dangerous. In addition, there is a separate procedure for objection against the competent administrative agency regarding the disposition of automobile tax and fine for negligence. Even if the court accepted the plaintiffs' claim for confirmation, as long as the competent administrative agency cannot oppose it with its confirmation judgment, the plaintiffs' claim for confirmation in this case cannot be deemed an effective and appropriate means to eliminate the plaintiffs' legal uncertainty and danger, and thus, the plaintiffs' claim for confirmation is unlawful without need to further examine.
3. Determination on the application for the acquisition of the automobile transfer registration procedure
(a) Taking over a registered automobile;